2488 Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Proposed Rules 

1For more information regarding MMUCC, go to 

http://www.mmucc.us. 

2Safe, Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for Users. 

and used by researchers and others to 

better define safety improvements to 

reduce the number of fatalities and 

serious injuries in bus crashes. 

The NPRM also requested comments 

on the burden to State and local 

Governments, costs, reduction of 

transcription errors, and alternative 

approaches. 

Summary of Comments 

The agency received eight comments 

in response to the NPRM. None of the 

commenters, except NTSB, supported 

the proposal. Comments were received 

from three manufacturers (International 

Truck and Engine Corporation, Blue 

Bird Body Company, and Freightliner), 

and one industry association (National 

Truck and Equipment Association). 

Those commenters generally opposed 

recording the proposed VIN suffix on 

the certification label and the submittal 

of information under the proposed Part 

584. They alternatively suggested that 

the name of the bus manufacturer be 

recorded on the PAR so it could be 

captured in FARS. Researchers and 

others seeking more descriptive 

information about the bus body could 

then contact the bus body manufacturer 

for the information about the bus body. 

These commenters generally disagreed 

with the cost estimate that was provided 

in the NPRM and suggested that the real 

cost would be much higher; however, 

no estimates of actual costs were 

provided. 

The agency also received comments 

from two individuals, Mr. Jim Lawrence 

and Mr. Duane E. Bartels. Mr. Lawrence 

suggested that the proposed Part 584 

information be specified in Part 565, 

‘‘Vehicle Identification Number 

Requirements.’’ Mr. Lawrence also 

suggested that the agency require that 

manufacturers submit information on a 

quarterly basis and maintain a database 

of the manufactured-supplied 

information. He felt this would reduce 

transcription errors when recording the 

information at the crash scene and the 

burden on State and local Governments 

in collecting this information. However, 

Mr. Lawrence did not provide any 

information on how NHTSA could 

obtain the crash information without 

having it recorded on the PAR at the 

crash scene. Mr. Bartels suggested that 

buses be required to have the number of 

seating positions recorded on the 

certification label for the purposes of 

inspection so that inspectors could 

determine whether a commercial 

driver’s license and drug and alcohol 

testing requirements needed to be met to 

operate the bus. The agency notes that 

Mr. Bartels’ request is outside the scope 

of this rulemaking action. 

A comment was received from the 

European Commission, Enterprise and 

Industry Directorat-General which 

represents the European Union (EU). 

The European Commission stated, ‘‘this 

new administrative procedure could 

represent an unnecessary trade obstacle 

for EU manufacturers.’’

NTSB stated that although the 

proposed regulation does not establish 

bus definitions for the FMVSSs, it does 

establish identification of bus bodies, 

and thus classification for the FARS 

database. NTSB also stated that while 

not defining bus bodies in the FMVSSs, 

the proposal would better identify the 

type of bus in the FARS system, and 

therefore would satisfy the intent of the 

NTSB safety recommendations to 

accurately collect vehicle accident data 

for analysis and safety improvement. 

The agency did not receive any 

comments from States or local 

jurisdictions on whether they would 

change the PAR so that the proposed 

VIN suffix could be captured at the 

crash scene and subsequently entered in 

the FARS database. No information was 

received from the States or local 

jurisdictions on the burden that this 

rulemaking action would place on them. 

Agency Rationale for Terminating 

Rulemaking 

NHTSA has decided to terminate the 

proposed rulemaking because we have 

identified an alternative approach to 

obtain more accurate bus accident data 

for analysis and safety improvement 

that it believes is more efficient and less 

burdensome. 

FARS data and the majority of 

NHTSA’s other data are derived from 

the PAR. There is no indication that 

states and local jurisdictions would 

change the PAR to capture the 

additional VIN information at the scene 

of the crash. The agency believes that 

continuing this rulemaking would not 

provide improvement to the existing 

information that is already recorded in 

the FARS database. It would also place 

an unnecessary burden on the bus 

manufacturers and likely cause greater 

transcription errors in the information 

collected at the scene of bus crashes. 

The agency believes that the best way to 

encourage states to consistently capture 

information on the PAR is through 

simplification of data collection at the 

crash scene, and that changing the 

MMUCC will accomplish the NTSB 

intent to improve information collected 

about bus crashes. 

The NTSB study leading to its 

recommendations was based on data in 

the FARS database for buses prior to the 

existence of MMUCC.1 NHTSA has 

made significant efforts to simplify the 

data collection techniques at the crash 

scene and enable the States to collect 

more accurate data. A 2005 agency 

review of compliance with the 1998 

publication of MMUCC showed that 50 

percent of the States had adopted the 

MMUCC. NHTSA expects even greater 

adoption in the future because of 

provisions in the SAFETEA–LU 2

legislation providing grants for States 

that establish traffic safety information 

systems to improve the timeliness, 

accuracy, completeness, uniformity, 

integration, and accessibility of the 

safety data collected. This will provide 

a greater incentive for states to adopt the 

MMUCC. 

The next edition of MMUCC is 

scheduled to be updated in 2007. 

NHTSA believes that changing the 

MMUCC to ensure more efficient and 

accurate coding of bus accident data at 

the crash scene will lead to better 

inclusion of the bus related information 

on the PAR and consequent 

improvement of the bus information in 

FARS and other NHTSA databases. 

Since this will be more efficient and less 

burdensome while still achieving the 

NTSB intent, we have decided to 

terminate this rulemaking. 

Authority: 49 U.S.C. 30162; delegations of 

authority at 49 CFR 1.50 and 49 CFR 501.8. 

Issued on: January 12, 2007. 

Stephen R. Kratzke, 

Associate Administrator for Rulemaking. 

[FR Doc. E7–654 Filed 1–18–07; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Transportation Security Administration 

49 CFR Parts 1520 and 1580 

[Docket No. TSA–2006–26514] 

RIN 1658–AA51 

Rail Transportation Security Notice of 

Proposed Rulemaking 

AGENCY: Transportation Security 

Administration, DHS. 

ACTION: Notice of public meeting; 

request for comments. 

SUMMARY: This document provides the 

time and location of the public meeting 

which will be held by the 

Transportation Security Administration 


jlentini on PROD1PC65 with PROPOSAL
Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Proposed Rules 2489 

(TSA) regarding the Notice of Proposed 

Rulemaking (NPRM) entitled ‘‘Rail 

Transportation Security,’’ which was 

published in the Federal Register on 

December 21, 2006. 

DATES: The meeting will take place on 

February 2, 2007, from 10 am to 4 pm. 

Persons wishing to submit written 

comments should submit them by 

February 20, 2007. 

ADDRESSES: The meeting will be held at 

the Crystal City Marriott at Reagan 

National Airport, 1999 Jefferson Davis 

Highway, Arlington, Virginia 22202 

USA, telephone: 703–413–5500. 

Anyone in need of assistance or a 

reasonable accommodation for the 

meeting should contact the person listed 

under the heading FOR FURTHER

INFORMATION CONTACT. In addition, sign 

and oral interpretation, as well as a 

listening device, can be made available 

at the meeting if requested 10 calendar 

days before the meeting. Arrangements 

may be made by contacting the person 

listed under the heading FOR FURTHER

INFORMATION CONTACT. 

TSA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views relating to any aspect of rail 

transportation security. We also invite 

comments relating to the economic, 

environmental, energy, or federalism 

impacts that might result from this 

rulemaking action. You may submit 

comments, identified by the TSA NPRM 

docket number (TSA–2006–26514) to 

this rulemaking, using any one of the 

following methods. 

(1) Searching the Department of 

Transportation’s electronic Docket 

Management System (DMS) Web page 

(http://dms.dot.gov/search); 

(2) Accessing the Government 

Printing Office’s Web page at http:// 

www.gpoaccess.gov/fr/index.html; or 

(3) Visiting TSA’s Security 

Regulations Web page at http:// 

www.tsa.gov and accessing the link for 

‘‘Research Center’’ at the top of the page. 

FOR FURTHER INFORMATION CONTACT: Lisa 

L. Pen ̃ a, Freight Rail Security, 

Transportation Sector Network 

Management, TSA–28, Transportation 

Security Administration, 601 South 

12th Street, Arlington, VA 22202–4220; 

telephone (571) 227–4414; facsimile 

(571) 227–2930; e-mail 

Lisa.Pena@dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

agenda for the meeting will include a 

discussion of TSA’s Rail Transportation 

Security NPRM, 71 FR 76852, Dec. 21, 

2006. In this NPRM, TSA proposes 

security requirements for freight 

railroad carriers; intercity, commuter, 

and short-haul passenger train service 

providers; rail transit systems; and rail 

operations at certain, fixed-site facilities 

that ship or receive specified hazardous 

materials by rail. This rule proposes to 

codify the scope of TSA’s existing 

inspection program and to require 

regulated parties to allow TSA and 

Department of Homeland Security 

(DHS) officials to enter, inspect, and test 

property, facilities, and records relevant 

to rail security. This rule also proposes 

that regulated parties designate rail 

security coordinators and report 

significant security concerns to DHS. 

TSA further proposes that freight 

railroad carriers and certain facilities 

handling certain categories and 

quantities of hazardous materials ensure 

a positive and secure chain of custody 

for those shipments that may transit a 

high threat urban area. We also propose 

that these carriers and facilities be 

equipped to report car location and 

shipping information to TSA upon 

request. TSA also proposes to clarify 

and extend the sensitive security 

information (SSI) protections to cover 

certain information associated with rail 

transportation. 

The meeting is open to the public, but 

attendance is limited to the space 

available. Members of the public must 

make advance arrangements to present 

oral statements at the meeting by 

contacting the person listed under the 

heading FOR FURTHER INFORMATION

CONTACT. Written comments may be 

submitted to TSA by providing them to 

the docket. Information on the docket is 

listed under the heading ADDRESSES. 

TSA intends to analyze the public 

comments and issue a final rule. The 

information presented at the public 

meeting should greatly assist TSA in 

developing proposed standards for rail 

transportation security. Therefore, TSA 

looks forward to meeting with the key 

stakeholders on this topic and 

exchanging information. 

Issued in Arlington, Virginia, on January 

11, 2007. 

John Sammon, 

Assistant Administrator, Transportation 

Sector Network Management. 

[FR Doc. E7–671 Filed 1–18–07; 8:45 am] 

BILLING CODE 9910–05–P 


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